PROBATES & ORPHAN'S COURT RECORDS
DELAWARE & MARYLAND
Selected names of interest
listed in the Kent County Probate Index
To search for a name in the Index, go to
Delaware Archives' Kent County Probate Index
Research Advice: Delaware & Maryland Orphan's Court
Index of named files presented here or on other websites, in full:
SURNAME FILE OF: YEAR STATE WEBSITE BECKETT Charles Becket 1838 DE Mitsawokett Greensbury Beckett 1865 DE Mitsawokett Peregrine Beckett 1841 DE Mitsawokett William Beckett 1757 DE Mitsawokett CARNEY Thomas Carney 1858 DE Mitsawokett COKER Moses Coker 1867 MD usgwarchives.org CONSELLOR Thomas Conselah 1739 DE Moors & Nanticokes Elijah Consellor 1811 DE Mitsawokett Elijah Consellor 1845 DE Mitsawokett Jeremiah Consellor 1811 DE Mitsawokett William Concilor died 1780 Moors & Nanticokes DEAN James Dean died 1720 DE Moors & Nanticokes James Dean 1787 DE Mitsawokett Jesse Dean 1842 DE Mitsawokett Jesse Dean
1839 DE Mitsawokett Robert Dean 1874 DE Mitsawokett DURHAM Benjamin Durham died 1810 DE Moors & Nanticokes Benjamin Durham died 1888 DE Moors & Nanticokes Daniel Durham died 1786 DE Moors & Nanticokes Daniel Durham died 1801 DE Moors & Nanticokes Daniel Durham died 1815 DE Moors & Nanticokes George Durham died 1844 DE Moors & Nanticokes Isaiah Durham died 1800 DE Moors & Nanticokes John Durham Jr. died 1776 DE Moors & Nanticokes John Durham died 1788 DE Moors & Nanticokes John Durham died1847 DE Moors & Nanticokes Nehemiah Durham 1915 DE Mitsawokett Thomas Durham died 1795 DE Moors & Nanticokes William Durham died 1797 DE Moors & Nanticokes
Moors & Nanticokes
various DE Moors & Nanticokes HEWES (HUGHES) Isabel Hewes 1757 DE Mitsawokett MC CARTY James McCarty 1823-1826 MD usgwarchives.org MORGAN Araminta Morgan died 1917 DE Moors & Nanticokes SAMMONS Isaac Sammons 1864 DE Mitsawokett
Moors & Nanticokes
various DE Moors & Nanticokes WRIGHT Warren Wright 1881 DE Moors & Nanticokes
CHARLES BECKET 1838
1st & final adm acct May 15, 1838 -- upappd Bal $74.53 int from this date --
(See Rect Book)
To Henry M. Ridgly Esq. Redg. Ofc
I hereby resign my right to administer the personal estate of my husband Charles Beckett late of Little Creek hundred deceased and respectfully request that letters of administration on the said estate be granted to Robert Denney.
Attest April the 17 1837 Jane her X mark Beckett
Sarah J. Carney
Mary A. Carney (difficult to read)
Appraisers appointed 28 April 1837: John W. Layton and Ebenezer Cloak
Purchase from the estate by:
James B. Peterson
Isaac Ridgester (difficult to read)
John W. Layton
William Little (difficult to read)
P & E Spruance
Highest value items sold:
1 bay horse 43.00
1 grey mare 30.00
1 red cow 15.05
1 brindle cow 8.25
1 male Heiffer 5.00
Returned by the undersigned administrator of Charles Becket decd as a true & perfect list of value of the goods & chattels of the said decd the 15 May 1838
GREENSBURY BECKETT 1865
Excerpts from the Kent Co., DE Probate File of Greensbury Beckett
Jas. L. Heverin Register of Wills
I assign all my right to Administer on the Estate of my late Husband Greensbury Beckets decd and request the appointment of (Peter Beckets crossed out) Isaac Salmons my late husbands Brother.
Apr 29/65 Respectfully, Hester her X mark Becketts
John P. M. Denney and Jordan Argoe appointed appraisers of the goods and chattels of Greenberry Becketts late of Dover Hundred, 29 Apr 1865.
Most valuable items:
1 cow 85.00
1 horse 60.00
2 hoggs 35.00
Blade fodder 47.00
Amt due the Estate Tilghman Jack 6.35
James Carney 2.50
Robert Carney 15.00
Amt of Invoy 174.78 3/4
Amt of Sales 234.87
Excess of Sales 60.08 1/4
Greensberry Becketts Disb accounts, Widows shares
I James L Heverin Register of Wills in and for Kent County: Isaac Salmons Admr of Greenberry Becketts, decd, represents that on the 5th day of May AD 1866 he passed and filed a 1st and final Admr a/c showing an unappd Balance of $120.21 with Interest from April 29, 1866 That tho deceased died Intestate leaving to survive him a Widow and three children entitled to said unappd Balance as follows: To Hester Becketts, widow, 1/3; to Perry Becketts 1/3 of 2/3; to Elijah Becketts 1/3 of 2/3; and to Peter Becketts 1/3 of 2/3 all of whom are now living and etitled. as aforesaid upon which statement the Admn presents the following a/c for distribution and prays its allowance
E.S. Reed Isaac his X mark Salmons Admr
The Heirs at Law
To Hester Becketts, widow 1/3 39.32
To Perry Becketts 1/3 of 2/3 26.22
To Elijah Becketts 1/3 of 2/3 26.22
To Peter Becketts 1/3 of 2/3 26.22
(All of the above signed with a mark)
Items sold to
H. D. Learned
J. P. M. Denney
J. S. Moore
C. F. Hankins
PEREGRINE BECKETT 1841
(We are reasonably sure all the spellings below are as written)
Settlement Peregrine Beckett March 21st 1841
Appraisal April (no day) 1840: $109.55
Greensberry Becket maketh solemn oath and saith that he had made diligent inquiry concerning the goods, chattles and money of Peregrine Becket, deceased, and that this inventory doth contain all the goods, chattels and money of said deceased which have come to the knowledge or --- of this Deponent.
Sworn & subscribed Greensberry his X mark Becket
this 30th day of September Before
AD 1840 William Weldon Ins R (difficult to read)
The account of Greensbery Beckett, administrator of all and singular the goods and chattels rights and credits which were of Perrygrine Beckett late of Appoquinimink Hundred, deceased.
Mar 21 The administrator charges himself with the amound of the
inventory and appraisement of the goods and chattels of
said deceased returned to the Register's Office at this date........109.55
Balance remaining in hand of administrator to be disposed of according
to law March 21, 1841........................
WILLIAM BECKETT -1757
Will, Kent County K-1-162
(The following is the scanned product of an already-typed document at the Delaware Archives.)
In the name of God Amen the 31st day of January in the year of our Lord God 1757. In the first place I recommend my soul to the hands of God that made it as for my body I recommend to the earth to be buried in a Christian and decent manner at the discretion of my executor nothing doubting but I shall receive the same by the Mighty power of God and as for touching worldly good in this transitory life do give and dispose of the same in the manner and form following:
Item I constitute and appoint Nocholas Powell and Comfort my wife whole and sole executor and executrix of this my last will ant testament.
Item I give to Mary Concelor one bed & furniture & one sorrel mare.
Item I give my daughter Comfort a young brown horse.
Item I give my son Nathen one gun
Item I give my son William one shilling and sixpence.
Item I give my daughter Sarah a two year old mare.
Item I give my daughter Mary my brown mare.
Item I give my wife Comfort all my lands and moveable estate what is not given already during her widowhood & after her marriage to my daughter Mary. Ratifying and confirming this and no other to be my last will and testament. In Testimony whereof I have hereunto set my hand and fixed my seal the day and year first above written. Sealed signed arid pronounced in presence of Iml. Stout, Nehemiah Handzer, Frederick his X mark Hine
William his X mark Beckett
Personally appeared before me Immanuel Stout, Nehemiah Handzer and Frederick Hine the subscribing witnesses to the within will and being generally sworn on the Holy Evanglists of Almighty God do declare they did see and hear Wm. Becket the within testators sign seal publish pronounce and declare the within instrument of writing to be his last will and testament that he was at the time of so doing and saying to the best of their belief of sound and disposing mind and memory and that they did sign their names as evidences thereunto at his request In Witness whereto I have hereunto set my hand this 7th day of May 1757
Theodore Maurice. Register.
Kent County on Delaware ss.
Theodore Maurice Register for the probate of wills and granting letters of administration of in and for the County of Kent aforesaid under the honorable Wm. Denny Esq. Lieutenant Governor and Commander in Chief of the counties of New Castle Kent and Sussex on Delaware and Province of Penna.
To all unto whom these presents shall come Greeting.
Know ye that on the seventh day of May one thousand seven hundred and fifty seven at Dover in Kent aforesaid was proved approved and insinuated the last will and testament of William Becket late of the County aforesaid having while he lived and at the time of his death goods rights and credits in divers places within the said County by means whereof the ful disposition of all and singular the goods chattles rights and credits of the said decd, and the granting administration thereof as also hearing the accounts calculations the reckonings of the said administration and the final discharge and dismission there from into me are manifestly know to belong and the administration of all and singular the goods and chattels rights and credits of the said decd his last will and testament any manner of way concerning was granted unto Comfort Becket (Nich. Powell the other Exr. named having declined the trust in him reposed) executrix in the same testament named chiefly of well and truly administring the same and making a true and perfect inventory and conscionable apprisement of all and singular the goods and chattels rights and credits or the said decd. exhibiting the same into the registers office at Dover at on or before the seventh day of November next ensuing the date hereof as also of rendering a just and true account of the said administration when thereunto required being solemnly sworn thereto. In testimony whereof I have caused the seal of said office to be hereunto affixed at Dover aforesaid this seventh day of May in the thirtieth year of the Reign of our Sovereign Lord King George the second Anno Domo one thousand seven hundred and fifty seven
Theodore Maurice Reg.
Appraisement 70 pounds 15 shillings 7 pence
Expenses 16 pounds 1 shilling 5 pence
Balance to be
according to Will 54 pounds 14 shillings 2 pence
Expenses paid to
THOMAS CARNEY 1858
Little Creek Hd. Kent County, Delaware
Courtesy of Preston Sammons 4/15/98: Probate Record (1858) of Thomas Carney b. 1777? "Reproduced with the intent to spell and punctuate as it was written. Question marks indicate that the letters or words were not interpretable, 4-12-98."
In the name of God I Thomas Carney of Little Creek Hundred Kent County and State of Delaware being of sound mind and memory blessed be almighty God for the same to make and publish this my last will and testament.
1st I give and bequeath to my beloved wife her choice of any of the beads that shal be in my posission at my deseas together with the stead and heading well equipt. I allso bequeth unto her of my real estate the dwelling hous garden and orchard together with the field or portion of land sying northwardly of the buildings running with the main road to intersect the line of ?? ? Hazel then running said line up the boundary stone of the said ?? ? Hazel and Joseph Wallace then running aline thence onwa?? To the main road of the said starting place.
I allso give and bequeath to all my sons & daughters Rebecca, Phoebe, Leevi, Gustavern, Thomas, Morris, Corneliea Ann, Sarah & Eliza all the remaining part of my real estate to be equally divided among them after they shall have attained the age of twenty one years
I allso Will and bequeth to my son Morris after my deseas my favourite gun which shal bee exclusive of the estate. I do nominate and appoint my beloved wife Sarah and son Gustavern to be the sole executrix of this my last will and testament.
In testamony whereof I hereunto set my hand and seal and publish and decee this to bee my last will and testament in presence of the witnesses named this eighteenth day of December in the year of our Lord one Thousand Eight hundred and fifty six
Signed by Thomas Carney
Witnesses: William H. Carney of Little Creek Hundred and Isaac M. Berry of Dover Hundred.
To D.C. Goodwin regr. Of Wills in and for Kent County, Gustavus Carney Executor the Last Will and Testament of Thomas Carney dec'd Rep??ents that on the 14th day of Sept 1858 he ?? before the said register the 1st and final Testament was made in said Last Will and Testament of the personal estate of said dec's ? The afore balance he prays may be distributed as though he had died intestate. He left to survive him a widow and nine children as heirs at law who an all alive and entitled to the said unappropriated balance as follows viz:
Sarah Carney the Widow 1/3
Rebecca now the Widow of Myers Miller 1/9 of 2/3
Levi Carney 1/9 of 2/3
Phoebe the wife of Enoch Miller 1/9 of 2/3
Gustavus Carney this accountant 1/9 of 2/3
Thomas Carney 1/9 of 2/3
Morris Carney 1/9 of 2/3
Cornelia Ann Carney 1/9 of 2/3
Sally Carney 1/9 of 2/3
Eliza Carney 1/9 of 2/3
Upon this statement the said executor presents the following account
distribution and prays its distribution and allowance
Gustavus Carney (his mark)
Sarah received . $173.81.
Each of the children .
ELIJAH CONSELLOR (1811) ORPHAN'S COURT FILE
Guardian appointed for son Benjamin; appraisal of Elijah Consellor's lands
To the Honorable the Chancellor of the State of Delaware, now sitting at Dover, in and for the County of Kent, as Judge of the Orphans' Court, this fourteenth day of August in the year of our Lord, one thousand eight hundred and eleven.
THE PETITION OF Benjamin Conselor a minor son of Elijah Conselor late of Little Creek Hundred Humbly sheweth, that the said Elijah Conselor was seized in his demesne as of fee of and in a certain plantation, tract or parcel of land, containing about one hundred and eighty acres, with the appurtenances, situate in the hundred and county aforesaid, adjoining land of Joseph Farrow the heirs of Risdon Bishop and others which will yield an annual Rent of about one hundred & twenty dollars per year that being so thereof seized died, intestate leaving to survive him a widow and five children who are interested in the Rents and profits of said land agreeable to the intestate laws of this State, the your Petitioner has personal Estate to the amount of about one hundred and eighty dollars--that he is upwards of fourteen years of age and wishes to make choice of a Guardian He therefore prays your Honor to appoint his mother Hannah Conselor to be his Guardian agreeably to the directions of the act of Assembly in such case made and provided,
And your petitioner will pray, &c.
Benjamin (his mark) Conselor
State of Delaware, ff. Orphans' Court held at Dover, in and for Kent County, the fourteenth day of August one thousand eight hundred and eleven. Before the Honorable Nicholas Ridgely Esq. chancellor of the State of Delaware.
Upon the Application of Hannah Conselor Guardian to Benjamin Conselor a minor son of Elijah Conselor deceased, Andrew Naudain, Thomas Denny and William Knotts are appointed to go upon, view, and make a just Estimate of the annual Value of the said Minor's Lands and Plantations, what Dwelling-houses, Out-houses, Orchards, and Fences are upon the same, and what repair they are in; what Part of the said Lands the said Guardian may be further permitted to clear, as well to raise the annual Rent as towards her keeping the said Dwelling-houses, Out-houses, Orchards, and Fences in Repair, and so by her be left, always having Regard to leave a proportionable Part, both for Quantity and Quality, of uncleared Land for the Benefit and Advantage of the said Minor when at Age, and to report their Proceedings to the next Orphans' Court to be held for said County of Kent. IN Testimony whereof I have cause the Seal of Office to be hereunto affixed.
Joseph Harper, Clk
The freeholders must be qualified before they enter upon the duties assigned them in the above order, otherwise their Return will be Rejected, and make their Return in Dollars and Cents.
Joseph Harper, Clk
State of Delaware I do testify that Andrew Naudain, Thomas Denny and William Knotts Sen the Freeholders named in the within Order appeared before me the Subscriber one of the Justices of the peace in and for said County (illegible) day of February 1812 in (illegible) of Law. (Signed--illegible)
Agreeable to the above and annexed orders, We the subscribers being appointed by the Honorable Nicholas Ridgely Esquire chancellor of the State of Delaware at an orphans' court held at Dover for Kent County in the said state on the Fourteenth day of August one thousand eight hundred and eleven after being severally sworn and affirmed by William Ruth Esquire on the nineteenth day of February Eighteen hundred & twelve--
did go upon and view the Lands of Benjamin Conselor minor, son of Elijah Conselor Deceased Hannah Conselor Guardian and do make this our Just estimate of the annual value thereof viz. Thirty two Dollars, the Annual value thereof of the Land there are Twenty six Acres cleared, almost destitute of Fencing and but very Little timbered land, there are no Land to be cleared and no building nor orchard on said Land. We allow the cleared land to be put as land in two Fields one of which to be planted in corn in the spring and the same to be sown down with wheat in the fall yearly and every year and So we make our report as witnesse our hands this Nineteenth day of February A Domini Eighteen hundred & twelve--
The heirs & Legal Rep of Elijah Conselor to Elijah Conselor
1811 To cash pd for Petition and order to divide the decd land $ 5.55
To do pd qualifying the 5 freeholders .20
To do pd Jno Lowber for qualifying Sun. & Chain carriers 20 cents .20
To cash pd the 5 freeholders one day 50 cents cash 2.50
To cash pd An-- McCall Surveyor his bill Taxed 65.00
To amt of Clk & Cryers fees for Recording Retn of diversions, Plotts 14.24
To cash pd 2 chain carriers 6 days each 75 cts 9.00 96.69
To the Honorable the Chancellor of the State of Delaware, now sitting at Dover, in and for the County of Kent, as Judge of the Orphans' Court, this thirteenth day of August in the year of our Lord, one thousand eight hundred and eleven--
The Petition of Hannah Conselor widow and Relict of Elijah Conselor late of Little Creek Hundred Kent County in the state aforesaid deceased, and Elijah Conselor one of the children of the said deceased,--
Respectfully Represents--(division of estate assets amongst inheritors)
Benjamin Greenage & Rachel
Elijah Consellors heirs
1 Jeremiah died intestate & left 5 children
1 Hester died & left 10 children
2 Elijah Living
3 Hannah Living & wife to Perry Cork
4 Harriet died without issue
5 Jeremiah died without issue
Hester 1st of 1sts
1 Jeremiah Dean
2 Joel Durham
3 Isaac Durham
4 Elijah Durham
5 John Durham
6 Elizabeth Durham
7 David Durham
8 Mary Durham
9 Hester Durham
10 Ann Durham
ELIJAH CONSELLOR (1845) ORPHAN'S COURT FILE
In the case of the Real Estate of Elijah Consellor deceased. Recognizance taken in the Orphans' Court, holden at Dover, in Kent county, the 30th day of October in the year of our Lord, one thousand eight hundred and forty five on ordering the real estate late of Elijah Consellor of Kent county, deceased.
BE IT REMEMBERED, That on this 30th day of October in the year of our Lord, one thousand eight hundred and forty five Presley Spruance of Duck Creek hundred, in the county aforesaid, and Enoch Spruance of Duck Creek hundred, in the county aforesaid, and Caleb H. Sipple of Dover hundred and county aforesaid, personally came here into the Orphans' Court of Kent county, holden at Dover, the day and year aforesaid, and jointly and severally acknowledge themselves to owe to the State of Delaware, the sum of $373.12 lawful money of the United States of America, to be made and levied on their goods and chattels, lands and tenements respectively: UPON CONDITION, That if the said Presley Spruance and Enoch Spruance their heirs executors or administrators do and shall well and truly pay or cause to be paid to the other parties entitled severally, or their executors, administrators or assigns respectively, their respective, just and proportionable shares of $186.56 (after deducting ...(illegible)...costs the appraised value of the real estate, late of Elijah Consellor, which was assigned to his widow as her dower as returned by the freeholders, and this day ordered to the said Presley Spruance and Enoch Spruance with interest thereon from the date hereof, on Demand then this recognizance to be void, else to be and remain in full force and virtue in law.
To the Honorable the Orphans' Court of Kent County:
The Petition of the undersigned respectfully reports that as the assignees of Elijah Consellor and Elizabeth his wife they are entitled to the right of acceptance of that part of the intestate lands of Elijah Consellor (illegible) decd which by virtue of proceedings in this Court return to in the year 1812 & recorded in Book G folio 212 (or 312), and laid off & assigned to Hannah, the widow of the said Elijah Consellor decd, or and for him --- in his real estate, and which by virtue of other proceedings in this Court instituted for the purpose of division, and return to the September Term 1845 has been valued at the sum of two hundred and thirty one dollars.
They pray the Court to be admitted to the acceptance of the said real estate at the said valuation or from giving the security which may be prescribed.
Cover page of the document: Elijah Consellor S and Petition for Partition. Order for partition granted & freeholders appointed by order here .... (names). Recorded in Record Book P folio 461 &c. Indexed.
To the Honorable the Orphans' Court of Kent County:
The Petition of Enoch Spruance respectfully represents, That by virtue of proceedings in this Court returned in the year 1812 the widow's dower in the real estate of a certain Elijah Consellor late of Little Creek Hundred in said county, who died intestate, was laid off and assigned to Hannah widow of the said intestate, and the residue equally divided amongst his children agreeably to law, as will more fully appear by reference to the return of the said proceedings recorded in Book G folio 129 et seq. That the part so laid off and assigned to the said widow as her dower contains sixty six acres and thirty three perches and seven tenths of a perch of land more or less, and is marked on the plot recorded on folio 129 afsd with the letters ABBC&D. That the said widow departed this life sometime in the year 1840. That the said intestate left to survive him at the time of his death five children as his heirs at law, viz: - 1st Jeremiah, 2nd Elijah, 3d Sarah, 4th Elizabeth, 5th Benjamin.
That the said Jeremiah died in the lifetime of his mother the said Hannah intestate and left to survive him as his heirs at law five children viz: 1st Hester, 2nd Elijah, 3d Hannah, 4th Harriet 5th Jeremiah; that the said Hester married, as her first husband, a certain Jesse Dean who died, and had by the said Jesse one child named Jeremiah, and after the death of the said Jesse she intermarried with and became the wife of a certain Elisha Durham, and afterwards in the year 1840 departed this life intestate leaving to survive her her said husband the said Elisha Durham and ten children besides the said Jeremiah, viz. 1st Joel, 2d Isaac, 3d Elijah, 4th John, 5th Elizabeth, 6th David, 7th Mary, 8th Hester, 9th Ann, 10th Clayton which last has since died under age, intestate and without issue leaving to survive him as his heirs at law his said brothers and sisters of the whole blood; that the said Elijah second child of the said Jeremiah as aforesaid is living; that the said Hannah third child of the said Jeremiah is also living and is the wife of a certain Perry Cork; that the said Harriet and Jeremiah the fourth and fifth children of the said Jeremiah both died under age, intestate and without issue.
That the said Elijah the aforesaid second child of the intestate aforesaid died about the year 1826 and after his death all and singular his interest in the said dower (the same being one undivided fifth part thereof) was sold at public vendue by the Sheriff of Kent County aforesaid and bought by your petitioner to whom a deed was duly made and executed by the said Sheriff.
That the said Sarah the aforesaid third child of the intestate aforesaid is living and is the widow of a certain Debrix Miller, and is unmarried.
That the said Elizabeth the aforesaid fourth child of the intestate aforesaid intermarried with a certain John Durham and died about the year 1815 leaving to survive her her said husband and three children, viz 1st Ezekiel 2d Enoch 3d Mary, which last has since died under age intestate and without issue.
That the said Benjamin the aforesaid fifth child of the intestate aforesaid in his lifetime sold all his interest in the said dower (the same being one undivided fifth part thereof) to the before named Debrix Miller, and afterward died; that since then said purchaser the said Debrix Miller has departed this life intestate leaving to survive him a widow the before named Sarah and six children, viz 1st Josiah, 2nd Elijah, 3d Rachel 4th Enoch 5th Robert 6th Maria; that the said Rachel is the wife of a certain Benjamin Greenage; that the said Maria intermarried with and became the wife of a certain Benjamin Hughes, and after the death of her father the said Debrix Miller, departed this life intestate leaving to survive her her husband the said Benjamin Hughes and two children, viz. John and Rachel.
That the interest of the above named parties in the said dower is as follows: that is to say, by dividing the same into five thousand nine hundred and forty parts, the said Jeremiah Dean is entitled to thirty six of those parts, and the said Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann Durham are each entitled to forty of those parts subject to the life estate of the said Elisha Durham the husband of the before named Hester decd. who was the mother of the said Jeremiah, Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann and the first child of the said Jeremiah Consellor, as tenant by the curtesy.
That the before named Elijah child of the before named Jeremiah Consellor is entitled to three hundred and ninety six of those parts.
That the before named Perry Cork and Hannah his wife which said Hannah was the third child of the before named Jeremiah Consellor is entitled in right of the said Hannah to three hundred and ninety six of those parts.
That your petitioner who purchased at Sheriff's sale, as aforesaid, the interest of the said Elijah Consellor who was the second child of the said intestate is entitled to one thousand one hundred and eighty eight of those parts.
That the said Sarah Miller widow as afsd. of the before named Debrix Miller, and third child of the said intestate is entitled to one thousand one hundred and eighty eight of those parts.
That the said Ezekiel and Enoch Durham children as aforesaid of the before named Elizabeth the deceased wife of the before named John Durham, the said Elizabeth being the fourth child of the said intestate are each entitled to five hundred and ninety four of those parts subject to the life estate of their father the said John Durham therein, as tenant by the curtesy.
That the said Josiah, Elijah, Enoch and Robert Miller, and the said Benjamin Greenage and Rachel his wife in right of the said Rachel, which said Josiah, Elijah, Enoch, Robert and Rachel are children of the before named Debrix Miller decd. who was the assignee of Benjamin Consellor who was the fifth child of the said intestate, are each entitled to one hundred and ninety eight of those parts subject to the dower therein of the said Sarah Miller widow as afsd. of the said Debrix Miller--and the said John and Rachel Hughes children as aforesaid of the before named Maria who was the wife of the before named Benjamin Hughes and the sixth child of the said Debrix Miller deceased, assignee as afsd. of the said Benjamin Counselor, are each entitled to ninety nine of those parts subject to the dower therein of the said Sarah Miller widow as afsd. of the said Debrix Miller and also to the life estate therein of their father the said Benjamin Hughes as tenant by the curtesy.
That the said dower has never been divided. Your petitioner therefore prays the Court to appoint freeholders to divide the same according to law &c.
And he will ever &c--
Know all men by these Presents, That We have nominated and by these presents do nominate and appoint Joseph P. Comegys Attorney at law of the town of Dover Kent County and State of Delaware, our true and lawful attorney for us and in our place and stead to enter satisfaction of our and each of our shares in a certain recognizance entered into in the Orphans' Court of Kent County aforesaid at the September Term 1845 by Presley Spruance and Enoch Spruance of the town of Smyrna in Kent County aforesaid upon the acceptance by them of that part of the real estate of Elijah Consellor deceased which in the division of the said estate was laid off to his widow Hannah Consellor, and which at the said September Term 1845 (the said Hannah being dead) was valued by the freeholders appointed by the said the Orphans' Court on the division of the same, and was accepted by the said Presley Spruance and Enoch Spruance as parties entitled by assignment of the interest of one of the heirs at law of the said Elijah Consellor, hereby ratifying and confirming all our said attorney may lawfully do in the premises--we hereby acknowledge that we have respectively secured from the said Presley Spruance and Enoch Spruance full satisfaction of our respective shares of the said recognizance.
Witness our hands & seals respectively this (blank) day of AD 184(blank).
Signed, sealed & delivered
in presence of Benjamin Greenage Seal Marks made by:
D. Lookerman Rachel Greenage
James Roberts Josiah Miller
JEREMIAH CONSELLOR (-1811) (son of Elijah and Hannah Consellor)
Petition of Elizabeth Conselor, widow, for a Guardian of children to be appointed
To the Honorable the Chancellor of the State of Delaware, now sitting at Dover, in and for the County of Kent, as Judge of the Orphans’ Court, this fourteenth day of August in the year of our Lord, one thousand eight hundred and eleven.
THE PETITION OF Elizabeth Conselor widow and Relict of Jeremiah Conselor late of Little Creek Hundred in the County aforesaid Humbly sheweth, that the said Jeremiah Conselor was seized in his demesne as of fee of and in a certain plantation, tract or parcel of land, containing about one hundred and eighty acres, with the appurtenances, situate in the hundred and county aforesaid, adjoining land of Joseph Farrow the heirs of Risdon Bishop and others, which is subject to the widows dower therein, the whole of which will yield an annual Rent of about one hundred & twenty dollars per year that being so thereof seized died, intestate leaving a widow and five children namely Esther Conselor, Elijah Conselor, Hannah Conselor, Harrieta Conselor and Jeremiah Conselor who are all under the age of Fourteen years and hath no guardians, and as to personal Estate it is yet ascertained, but suppose it not be to any great amount He therefore prays your Honor to appoint her Guardian to said Minors agreeably to the directions of the act of Assembly in such case made and provided,
And your petitioner will pray, &c.
Elizabeth (her mark) Conselor
Petition for Guardian to be appointed for Esther, Elijah, Hannah, Harrieta & Jeremiah Conselor, minors of Jeremiah Conselor decd.
14 August 1811, Elizabeth Conselor is appointed Guardian of her children
Elijah Conselor the chosen Trusty
Take Bond cash in 1000 Dlls
Recorded G Folio 113.
LAST WILL AND TESTAMENT OF JAMES DEAN, 1787
In the name of God Amen this second day of our in the year of our Lord one thousand seven hundred and eighty seven I James Dean of Little Creek hundred and County of Kent in the Delaware State being very weak in body but of sound disposing mind and memory and calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament in manner and form following that is to say Imprimis I recommend my body to the earth to Be buried in a decent and Christian like manner at the discretion of my executors herein after mentioned
Item I order and my will is that all my just debts and funeral expenses be paid and discharged
Item I give demise and bequeath unto my beloved wife and my daughter Rebecca ten acres of land on the west side of the great road together with my dwelling house to Be equally divided between them during their natural lives and no longer
Item I give demise and bequeath unto my son Jesse all my lands and estate on the east side of the road to him and his heirs and assigns forever
Item I give demise and bequeath unto my daughter Keziah Dean two shillings and six pence to be paid to her by my executors herein after named
Item I order that after all my just debts be paid and discharged that one half of my personal estate belong to my son Jesse and the other half be equally divided between my wife Sarah and daughter Rebeckah
Item I will demise and bequeath unto my son Jesse after the death of my wife and daughter all my lands on the west side of the road to him and his heirs and assigns forever and lastly I do hereby nominate and constitute and ordain my dearly beloved wife and my well beloved son Jesse to be my whole and sole executors of this my last will and testament ratifying and declaring this to be my last will and testament and be these presents I do revoke and disannul all former wills by made in Testimony whereof I have hereunto set my hand and seal this day and year first above written
Signed sealed declare and pronounced. James Dean
by the above named testator to be his last
will and testament in the presence of
Thomas Keith John W Ever Moses Miclan
BE IT REMEMBERED that on the 26th day of June seventeen hundred
and eighty seven the last will and testament of James Dean deceased was proved and approved in due form and letters testamentary at the same time granted unto Sarah Dean and Jesse Dean who being sworn gave bond with Thomas Keith for their faithful administration of said estate agreeable to law.
Jesse Dean, who was killed by a tree: Coroner's Inquest
2 Mar 1842 (of Little Creek Hundred)
(We are not completely sure of this Jesse Dean's family connections.)
Coroner’s Inquest and Probate record
Kent County Coroner’s Inquest, Jesse Dean, 1842. Original on file at Delaware Archives, Dover, DE.
Kent County State of Delaware
The deposition of Wm Jones who being duly sworn deposeth and saith that he is nearly twenty three years old, and that on the second of March after sun down in the evening he passed by where Jessee Dean was cutting down a tree near his dwelling house, that said Dean appeared Sober and in good health, that the deponent stopped a few minutes and talked to said Dean and then passed on, that having occasion to pass by the same place the next morning he found the tree down and the said Dean was laying partly under the lap of the tree, and that he was dead when he found him and further deponent saith not.
March 3d 1842 William B Jones seal
John B Hodge
Kent County State of Delaware
The deposition of Thomas Carney who being duly sworn deposeth and saith that he is sixty-six years of age, and that on the second of March 1842 about noon Jesse Dean came to his house and ground his axe that he left his house about Two Oclock and left the deponents house in company with him that the deponent went on to his work and that Dean went on with the Team that were moving Prince Powell, he saw no more of Dean until the next morning when Fanny Jackson who keeps his house for Dean came running to the deponents house saying that a tree had fallen on Dean and killed him. Deponent in company with his hired hand started to Deans on the way they met Nathan Davis who went with them to the tree where they found Dean perfectly dead under the lap part of the tree with a small limb laying on his head and a larger one under his chin that Dean was cold and stiff as though he had been dead some time, that they took Dean from under the tree and carried him to his own house, that his head was severely injured, and that one of his thigh bones was broken. And further the deponent saith not.
March 3d. 1842 Thomas Carney seal
John B Hodge
Kent County State of Delaware
The deposition of Fanny Jackson (M) aged about forty five years having been duly sworn deposeth and saith that that on the evening of the second of March Jessee Dean came home to his house gave her directions about getting his supper and went out to fell a tree in front of his house about one hundred and twenty five yards distant that she saw an individual standing with him at the tree and that just before dark she saw the tree fall, that said Dean did not return home, and that early in the morning she went out to the tree and found the said Dean beneath the tree and dead, one of the limbs laying on his head, that she went immediately for Thos Carney who with others took him from the tree and brought him into his house where he still remains. And further the deponent saith not.
Attest John B Hodge Fanny Jackson seal
her X mark
Kent County State of Delaware
The deposition of Washington Seeny aged twenty five years having been duly sworn deposeth and saith, That on the evening of the 2nd of March he went to where Jessee Dean was cutting down a tree near his dwelling house, that said Dean seemed to be in good health, sober, and in his right mind that he left him just after sun down, and before the tree was down on which he had been cutting. further the deponent saith not.
Attest Washington Seeny seal
John B Hodge his X mark
Know all men by these Presents that we whose names are here unto subscribed authorised and impower John B Hodge, Coroner for Kent County to collect and Receive each and Evry one of our faese* what may be due us for our services as Jurors on an inquisition Indented* and taken at the house of Jessee Dean Decd on the view of the dead body of Jessee Dean Decd Kent County for which we give a final acquittance for the same Given under our hands and Seals this third day of March AD 1842.
Wm R. Cahoon seal
John Green seal
Wilson Stidham seal
John T. Cheaves seal
William T. Campbell seal
Moses Jones seal
Mason Bailey seal
Jessey Jones seal
William Scotten Jr seal
Wm. F. Hawkins seal
Silas Jones seal
Washington Seney seal
Wm. Scotten seal
William Morris seal
James Wilson seal
Isaac Shorts seal
John F. Hendrickson seal
William Butler seal
Sewell Green seal
John Milboun seal
KENT COUNTY, SS.
An inquisition taken the third day of March AD one thousand eight hundred and forty-two at the house of Jesse Dean Decd in said county, before John B Hodge Coroner of the said county, upon view of the dead body of Jessee Dean by the oaths and affirmations of Wm R Cahoon, Wilson Stidham, William T. Campbell, Mason Bailey, William Scotten Jr, Silas Jones, Wm. Scotten Sr, James Wilson, John F. Hendrickson, Sewell Green, John Milboun, Jno Green, John T. Cheaves, Moses Jones, Jessee Jones, Wm. F. Hawkins, Washington Seeny, William Morris, Isaac Shorts, and William Butler, substantial and judicious men of the said county, who being in due manner sworn or affirmed, say that the said Jessee Dean came to his death in consequence of a tree’s falling on him which he cut down on the evening of the second of March 1842.
In testimony whereof, as well --- said Coroner as the said Jurors, have hereunto set their hands and seals, the day and year aforesaid.
Making marks: Signing:
Moses Jones John B Hodge
Jessee Jones Wm. Scotten Sr
Washington Seeny Wm R Cahoon
Isaac Shorts John F. Hendrickson
William Butler Wilson Stidham
Silas Jones Sewell Green
John Milboun William T. Campbell
John T. Cheaves
Wm. F. Hawkins
William Scotten Jr
Probate record: Jesse Dean, who was killed by a tree
(Delaware Archives, Dover, Delaware)
Appraisers appointed 11 Mar 1842: Isaac Hasle & Obadiah Voshall
Thomas BUTCHER adminstrator for Jesse Dean’s estate.
Accounting 27 Jun 1843:
To John Cott and John Durham for digging grave
To Frances Jackson for keep
Accounting by Hiram Finlow, administrator for Thomas BUTCHER’s estate, who in turn is administrator for Jesse Dean’s estate, BUTCHER having also died. 10 Mar 1851.
"By this amt from the estate of Thomas L. BUTCHER to the Estate of Jesse Dean being a balance for Land Sold by Jesse Dean to James Richardson and Recd by said Thos BUTCHER after the death of Jesse Dean and not accounted for by the said BUTCHER in his admr repts...." $30.58
--No ages given in either document.
--No relationships given in either document.
--The Jesse Dean to James Richardson transaction in the Grantor index at the Delaware Archives was not found, 11/97.
LEGISLATIVE ACT: JESSE DEAN died 3 Mar 1842
Jesse died without heirs or anyone who could legally inherit his property
Contributed by Charles Martin:
While searching deads. I came across some very important Dean information. Jesse Dean, the one who was killed by a falling tree, died 3 Mar 1842 without heirs or anyone who could legally inherit his property so the Delaware assembly, senate and house of representatives, passed an Act on 3 Feb 1843. ...
"Whereas it has been represented to this General Assembly, that a certain Jesse Dean mulatto late of Kent County and State of Delaware now deceased the illegitimate son of one Selah Okie (Okey, Oakley) late of Kent County now deceased also having been born out of wedlock and the illegitimate brother of the half blood of the said Thomas S. Butcher, Rebecca (Dean) Durham (wife of Daniel Durham), Mary Dean, John Dean and Phebe Dean the said Thomas S. Butcher, Rebecca Durham, Mary Dean and John Dean being the illegitimate children of the said Selah Okie born of the said Selah Okie out of wedlock; and that the said Jesse Dean in his lifetime purchased ...fifty acres ...." (my embelishments)
For some unknown reason, none of Jesse's heirs of law recorded the deed with the recorder of deeds, within a year of its passage, as was required by law. The assembly had to pass the act a second time. This they did on 10 Jan 1845. This time the heirs recorded it.
Following the paper trail, by Jan 1846 Phebe Dean had married Thomas Benson, Mary Dean had married Robert Miller and John Dean was unmarried. I feel confident that three of the the four Kent County Jesses have been placed with their respective families. I would like to find some proof as to the parentage of the Jesse Dean who married Hester Conselor in 1814 and died ca 1816.
See Lineage Chart, bottom of page at http://www.mitsawokett.com/JesseDeanEncounterWithTree.htm
(Readers using Netscape browser may see a distorted lineage chart.)
Last Will and Testament of Jesse Dean, 1839
Copied by Betty D. Terry 15 Aug 1974 at the Delaware Archives, Dover, DE
In the name of God, Amen. I, Jesse Dean, colored man of Little Creek Hundred, Kent Co. and state of Delaware, being weak and sick in body, but of sound and disposing mind and memory, do make and ordain this as and for my last will and Testament in writing hereby revoking and making void all former wills by me at any time heretofore made.
And first, I direct that my body shall be buried in a decent and Christianlike manner, and I assign my soul to the Keeping of Almighty God and as it respects such real and personal estate as I am the owner of, I hereby dispose of the same in the manner following that is to say:
Secondly, I give and devise unto my son William Dean of Duck Creek Hundred in the county aforesaid, and to his heirs and assigns forever, all my land and real estate with the buildings, improvements and apurtenances, situate, lying and being on the east side of the main state road leading from Dover to Smyrna in the county aforesaid, and which is a part of the tract upon which I now reside, and contains about five acres more or less.
Thirdly I, I give and devise unto my son Jesse Dean of Little Creek Hundred in the county aforesaid, and to his heirs and assigns forever, all my land and real estate with the buildings, improvements and apurtenances, situate, lying and being on the west side of the main state road leading from Dover to Smyrna in the county aforesaid, and which contains about fifteen acres more or less.
Fourthly, I give and bequeath unto my said son William Dean one calf now about six months old, and one hog now in the pen, and my colt.
Fifthly, I give and devise unto my son Jesse Dean, two hogs now in the pen, my bay horse, horse cart and harness, one brindle and pied cow and her calf not yet weaned, steer about 18 months old, the large stove and the piece of carpeting which now hangs at the foot of my bed.
Sixthly, I give and bequeath unto Elisha Durham, colored man, his execution, administrators and akyns, the bed, bedstead and its furniture upon which I now lie, the bureau at the head of the said bed and the large rush bottomed arm chair and six yellow wooden bottomed chairs, the carpet now on the floor, my best cow, two hogs now in the pen, one red and white cow with long slim horns and her calf, and one small candle stand, upon the trust following, that is to say, Upon Trust to permit and suffer my daughter Sally Ann the wife of a certain John Cott to have the use possession, disposal, and enjoyment of the same or any part or parcel thereof, or of the increase thereof shall not be liable for the debts, engagements, or liabilities of her said husband the said John Cott.
Seventhly, I give and bequeath unto my grand daughter Mary, the legacy of a sum of two dollars to be paid to her by my executor within one month from the time of my decease, and I give to Elijah Counselar the pieced bed quilt up stairs which was made by his mother my last wife.
Eighthly, and as to all the rest residue and remainder of my real and personal estate not herein before specifically disposed of, it is my will and desire that the same shall be sold by my executor hereinafter named and the proceeds thereof applied in the first place to the payment of my debts and funeral expenses, and the remainder after the payment thereof to be paid over to my three children above named in the following manner, that is to say, two-fifths parts thereof to be paid into the hands of my said daughter, Sally Ann and the residue of other three fifths parts thereof to be divided among and paid unto my two above named sons in equal shares and proportions.
Ninthly, I do hereby except out of the sale of the residue of my property my hay husks and fodder, and I direct that the same shall be fed away upon the land to the stock herein before disposed of to my said children so that the land as well as the said stock may receive the benefit thereof, and I do hereby further except out of the sale of the said residue, the buckwheat which I now have and my old silver watch and I direct that my son Jesse shall have 2 bushels of said buckwheat, the residue of any together with said watch shall be delivered to my said daughter Sally Ann, And I also further except out of the sale of the said residue my wheat fan, and I direct that the same shall be delivered to my son William.
And whereas my two above named children, William and Jesse, are not legitimate but were born before my intermarriage with their mother Rebecca, now I do hereby adopt the said William and Jesse as my sons and designate them as the persons above named as such.
Lastly, I do hereby nominate, constitute and appoint the before named Elisha Durham as the Executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal this fifth day Dec in the year of our Lord one thousand eight hundred and thirty nine.
Robert Dean, died 30 Sep 1874
References: Orphans' Court Records books as follows:
Book C2 - pp. 247, 331 (map), 383-386, 389-391, 473
Book D2 - pp. 108-109, 111-112, 232-233, 301, 369
Book H2 - pp. 31-34
ALL OF THE RECORDS BELOW HAVE BEEN TRANSFERRED TO FOLDERS, NO LONGER IN BOOKS.
20 Oct 1874 Appointment of Appraisers John Moor and John Heitsher.
25 Oct 1874 List of goods and chattels of Robert Dean, dec'd, by Moore and Heitsher. Value 1374.01.
16 Dec 1874 List of sales of goods and chattels by James S. Moor, Administrator. 5 pages, naming the buyers.
14 May 1875 James S. Moor swears the inventory of chattels and goods is accurate.
21 May 1875 James S. Moor lists debts and credits due:
George T. Carter note doubtful 90.00
George W. Alexander note desperate 36.00
William A. Carney account doubtful 16.00
John Jones account doubtful 10.00
Samuel Smith account doubtful 5.00
Samuel T. Morgan account doubtful 1.80
Peter L. Barcus rent doubtful 10.00
William Jones doubtful 2.50
James Salmons doubtful 80.00
15 Oct 1875 Administrator's accounting of Robert Dean's estate for examination, adjustments and settlements. Assets 1639.96, paid out 1112.48, net 527.48.
George T. Carter paid 96.44 for note & acct.
Wm. A. Carney paid 24.33 for account
Samuel Smith paid 5.00
P.L. Barcus paid 10.00 rent
Mar 1876 Petition by Moses & Mary Ann Coker to assign dower to Catharine (now the wife of William A. Carney) out of the lands and premises and partition the residue to the children (children listed). Each child entitled to 1/9 part subject to the dower of Catharine.
No. 1. 30 acres Kenton Hundred adjoining lands of Eben Cloak and lands of Jacob Bryan, in tenure of Catharine Dean.
2. 30 acres Kenton Hundred adjoining lands of William Surgen and lands of Dr. William ----- and lands of the heirs of Eben Cloak.
3. 75 acres Kenton Hundred adjoining lands of the heirs of Eben Cloak, now in the tenure of Moses Coker.
4. 9 acres Kenton Hundred adjoining lands of James Salmons and lands of Eben Cloak.
18 Mar 1876 Petition granted. Moses & Mary Ann Coker for assignment of dower and partition of the residue.
24 Apr 1876 Order of sale. No partition could be made without detriment to the parties. Appraised value of land and premises $2490.20.
No. 2. 39 acres and 27 sq. perches Kenton Hundred adjoining lands of Thomas Bailey and lands of the heirs of Eben Cloak and lands of McDaniel & Simpson and other lands.
3. 25 (sic) acres and 147 sq. perches Kenton Hundred adjoining lands of the heirs of Eben Cloak and other lands.
4. 11 acres 108 perches Kenton Hundred adjoining lands of Maron Bailey and lands of Eben Cloak and other lands.
1876 Petition of James S. Moor to buy No. 2 granted. $1008.32 less paid toward bal 110.74 897.58 2 penalty Recog 1795.16
17 Jun 1876 Second and Final Administrator's Accounting for examination, adjustment and settlement from James S. Moor.
-- Several leads to follow in this document:
1. Paid Lydia A. Cott being her share of Recognizance in the Orphans' Court, wherein the decedent was principal Recognizor Per Pecb? Prde? & Receipt $25.70.
2. Paid Rebecca E. Kimmey being her share of Recognizance in the Ophans' Court, wherein the decedent was principal Recognizor with int. to this date Per Pecb? Prde? & Receipt $25.70.
3. This sum paid to by this Administrator being the costs incident of obtaining an order to enable him to make a deed to James Salmons, for real estate sold by the decedent in his lifetime evidenced by a contract in writing signed by the parties. As per receipts exhibited $12.82.
4. This sum retained in hand by this accountant to pay to Ellen Dean granddaughter of Jessee Dean deceased, her share of a certain recognizance wherein the decedent was principal Recognizor with int. to this date her share being the 1/3 of 1/9 thereof principal $6.31.
5. --------------------------------------------------(missing) Mary Dean granddaughter of Jessee Dean deceased, her share of a certain recognizance wherein the decedent was principal Recognizor with int. to this date her share being the 1/3 of 1/9 thereof principal $6.31.
Recognizor. He who enters into a recognizance.
Recognizance. An obligation entered into before a court whereby the recognizor acknowledges that he will do some act required by law which is specified therein.
He acknowledges himself to be indebted to a certain party in a specific amount to be paid if he fails to perform the requisite act.
20 Jun 1876 Return. Lands sold.
No. 2. To James S. Moor 1008.32.
3. To William Morgan 738.70.
4. To John H. Morgan 379.46.
Aggregate of the sales 2126.48.
Sep 1876 Part No. 2. Petition by James S. Moor for an order to assign the lands to him at the sum of $1008.32.
Sep 1876 Petitions for Guardianship of James S. Moor that each one of Robert Dean's minor children, Jesse Dean, 18; Robert Dean, 16; William Dean, 13; Hester Dean, 11; Annie Dean, 9; Ulysses Grant Dean, 4; has $83.55 on deposit at the Farmer's Bank, Dover, and is entitled to about $200.00 from the sale of Robert Dean's land, is a minor and prays the Court to appoint him Guardian. (The Court does so.)
25 Sep 1876 Part No. 2. Assignment to James S. Moor. James S. Moor and Joseph S. Moor appeared & entered into recognizance in the penal sum of $1795.16.
25 Sep 1876 Part No. 2. Recognizance. Sale of part of land of Robert Dean to James S. Moor. James S. Moor of Dover Hundred and Joseph S. Moor of Dover Hundred acknowledge owing the State of Delaware $1795.16 (bond). Then mentions $897.58 being the net purchase money after deducting $110.74 costs.
25 Sep 1876 Part No. 3. Assignment to William Morgan. John H. Morgan and William Morgan appeared & entered into recognizance in the penal sum of $1277.40.
25 Sep 1876 Part No. 3. Recognizance. Sale of part of land of Robert Dean to William Morgan. William Morgan and John H. Morgan acknowledge owing the State of Delaware $1277.40. Then mentions $638.70 being the net purchase money after deducting $100.00 costs.
25 Sep 1876 Part No. 4. Assignment to John H. Morgan. John H. Morgan and William Morgan appeared & entered into recognizance in the penal sum of $682.92.
25 Sep 1876 Part No. 4. Recognizance. Sale of part of land of Robert Dean to John H. Morgan. John H. Morgan and William Morgan acknowledge owing the State of Delaware $682.92. Then mentions $341.46 being the net purchase money after deducting $38.00 costs.
20 Jun 1876 Farmer's Bank, Dover, certification that $83.55 was placed in trust accounts for 7 Dean children by James S. Moor, Administrator.
26 Sep 1876 Accounting of children's bank accounts. $83.55 was placed in bank accounts for John T. Dean; Jesse Dean; Robert Dean; William Dean; Hester Dean; Annie Dean; and Ulysses G. Dean. in the Farmers Bank at Dover. Moor is appointed guardian and the Bank authorized to expend funds by check from the accounts, except the amount for John T. Dean.
Sep 1876 Order to Assign No. 3 to William Morgan. Deed Liber C, Vol. 2, p. 393.
Sep 1876 Order to Assign No. 4 to John H. Morgan. Deed Liber C, Vol. 2, p. 390.
Sep 1876 Order to Assign a parcel to William T. Denney. Deed Liber D, Vol. 2, p. 233. $360.50.
Dec 1876 Petition by John T. Dean for distribution of his $83.55. He was born on 16 Dec 1855 and will become age 21 on 16 Dec 1876. Granted by the court and a $83.55 paid to John 23 Dec 1876. John signed a receipt for same.
Ca Sep 1877 Petition of Moses and Mary Ann Coker. The parcel in this petition was inadvertently omitted from the March, 1876 court proceedings to assign dower and partition Robert Dean's lands. 7 acres in Little Creek Hundred on the public road leading from Dover to Smyrna, adjoining lands of David Boggs, lands of James W. Emerson and others. Petition to assign dower and partition made.
Sep 1877 Petition to sell residue of lands by James T. Dean (son of Robert and now full age): after assigning dower to the widow, no partition could be made of the residue of the lands appraised at $186.66 ²/3 and wants an order to sell them.
21 Sep 1877 Supplemental Petition for partition granted. Commission to assign dower and make partition James S. Moore, John P. M. Denney, William F. McKee, Joseph S. Moore and Edwin O. Eccles.
2 Jan 1878 Order of sale. John T. Dean's petition to sell residue, 7 acres, granted. Lands are in Little Creek Hundred on the public road leading from Dover to Smyrna, adjoining lands of David Boggs, lands of James W. Emerson and others.
24 Mar 1878 Return by Trustee. Trustee sold land to William Johnson for $357.00, Johnson deposited 20% of the price, $71.40. Johnson failed to comply with the conditions of the sale and has notified the trustee that he is not interested in doing so. Trustee wants to know how to handle the $71.40 and wants the order of sale extended.
27 Aug 1878 Return by Trustee. Trustee sold land to William T. Denney for $360.50
Affirmed by the court 23 Sep 1878
23 Sep 1878 Parcel of lands (the 7 acres below). Assignment to William T. Denney. William T. Denney and John P. M. Denney appeared & entered into recognizance in the penal sum of $592.12.
23 Sep 1878 7 acres Little Creek Hundred, adjoining lands of David Boggs, James W. Emerson and others. Recognizance. Sale of part of land of Robert Dean to William T. Denney of East Dover Hundred. William T. Denney and John P. M. Denney acknowledge owing the State of Delaware $582.12 (sic). Then mentions $296.06 being the net purchase money after deducting $69.44 costs...?
Last Will and Testament of Nehemiah Durham, 1915
of Duck Creek Hundred, Kent County and State of Delaware.
I, Nehemiah Durham, being in ill health but of sound and disposing mind, memory and understanding, do make and publish the following as and for my last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made.
First—I order and direct that all my just debts and funeral expenses be paid by my Executor, hereinafter named, as soon as may conveniently be done after my death.
Second—I order and direct that my Executor, hereinafter named, shall procure and place at my grave and also at the grave of my deceased wife, Annie E. Durham, suitable memorials or tomb-stones.
Third—I order and direct that all the rest, residue and remainder of my estate, real, personal and mixed, which I may own of possess at the time of my death, shall be sold or converted into money by my executor, hereinafter named, at public or private sale, and on such terms as my said Executor, hereinafter named, may consider advantageous, and for the purposes of making, executing, acknowledging and delivering good and sufficient deed or deeds to my real estate unto the purchaser of purchasers thereof, I give and devise unto my said Executor, hereinafter named, such interest in my real estate as shall fully empower him to convey the same in fee simple; and I further order and direct that the proceeds of such sale or sales, after satisfying all the just and necessary expenses of settling my estate, shall be divided into five equal parts or shares. The one of said equal parts or shares, I give, devise and bequeath unto my daughter, Orda A. Davis; one other of said equal parts or shares, I give, devise and bequeath unto my son, William M. Durham; one other of said equal parts or shares, I give, devise and bequeath unto my daughter, Sarah V. Durham; one other of said equal parts or shares, I give, devise and bequeath unto my son, Isaiah Return Durham; one other of said equal parts or shares, I give, devise and bequeath unto my daughter, Lottie A. Durham.
Lastly—I do hereby nominate, constitute and appoint Abel Sevil, of the Town of Clayton, Kent County, Delaware, to be the sole Executor of this, my last Will and Testament. In witness Whereof I, Nehemiah Durham, the testator, have hereunto set my hand and seal this fourth day of February in the year of our Lord one thousand nine hundred and fifteen (Feb. 4, A. D. 1915).
Nehemiah X Durham Seal
Frank D. Savin
Charles H. LeFure
Last Will and Testament of Isabel Hewes, 1757
(dashes = illegible)
In the Name of God, Amen: this the tenth day of June Anno Domini 1757 I Isabel Hewes of Little Creek Hundred and County of Kent ---- Delaware widdow being very sick and weak in body but of perfect mind & memory thanks be given unto God therefor and calling into mind the mortality of my body and knowing that it is appointed for all men once to Die Do make and Ordain this my last Will and Testament that is to say Principally and first of all I give and recommend my soul into the hands of God that gave it and for my body I recommend it to the Earth to be buried in a Christian-like manner at the discretion of my Exer or Exex hereafter named nothing doubting but at the general Resurrection I shall receive the same again by the Mighty power of God and --- such worldly Goods wherewith it --- --- --- God to --- with in this life I give and bequeath in the following manner ---
First it is my will and I do order that all my just debts and all my funeral charges be paid and Satisfied. Item. I give unto my son John Hewes the sum of two shillings Sixpence and that to be paid in one year after my Decease if Demanded.
Item. I give unto my son-in-law John Durham the sum of two shillings and sixpence and that to be paid in one year after my Decease if Demanded.
Lastly I give and bequeath unto my daughter Sarah Hewes all my estate which is properly --- to wit: one mare two cows one two year old Heifer and seventeen head of hogs great and small with all my household goods such as beds bedding ---- unto me or any --- --- to me --- I hold in my possession --- --- nine head of sheep --- --- the said Sarah Hewes and her assigns for Ever and I do hereby utterly Disallow --- and Dis--- all and Singular Every other former Testament Wills Legacies and Executors before this time Named willed and Bequeathed and further I constitute & make my above said Daughter Sarah Hewes to be my whole and Sole Executrix of this my Last Will and Testament
In Witness whereof I have hereunto Set my hand and Seal the Day and year as first above Written. Signed Sealed Published pronounced And Declared by the Said Isabel Hewes Isabel (her marks, not X) Hewes as her Last Will and Testament in the Presence of us ----
Mary (her mark, not X) Barton Sarah (her mark, not X) Harris Edward Horman
To the Worshipful the Justices of the Orphan's Court in & for Kent County now sitting at Dover in said County the Petition of James Dean & Sarah his wife who by the Name of Sarah Hewes was Executrix of the Testament and Last will of Isabel Hewes late of the County afs. did Humbly Pray to be admitted to reorder and Pass this their Account of their Testratrix's Estate, And your Petr. as in Duty bound shall ever Pray etc.
This Account being exhibited to the Court was inspected probed allowed & passed this 23d Day of Nov 1763. Theodore Maurice Clk
LAST WILL OF ISAAC SAMMONS 1864
Courtesy of Isabelle Sammons
I Isaac Sammons m of Little Creek Hundred, Kent County & State, do make and publish this my last will and testament, hereby revoke and making void all former wills by me at any time here to fore made.
I direct that all of my personal property be disposed of by public sale and that all of my debt and funeral expenses be paid as soon as possible after my deceased out of the first moneys that shall come into the hand of my Executor from any portion of my estate.
I direct that the residue of my whole estate after paying the above named expenses be dispersed as follows to wit.
First, that my wife Prudy Sammons shall have the one third part of all my estate. ??? my daughter Ann Sammons to have one dollar, my son John Sammons, to have one dollar, my daughter Amila Harmen to have one dollar, my son, Benjamin Sammons to have one dollar, my son Myras Sammons to have twenty five dollars, and the rest & remainder of all my estate is to be equeally divided between my children Elizabeth Sammons, Mary Sammons, Jane Sammons, Prudy Sammons, Mitchel Sammons, Mills Sammons and Lydia Sammons. Each share & share alike and I do here by constitute and appoint my friend John Moore Executor of this my last will & testament ?? where of I Isaac Sammons the testator have to this my last will set my hand & Seal this 4th day of December in the year of our lord AD 1864
Andrew H. Moore
Henry Moore Isaac (his mark) Sammons
First and Final Account of Administration
Paid various persons for services
To Myers Sammons
The ?? Balance is distributable as follows to wit
To Prudy Sammons
To Elizabeth Sammons
To Mary Sammons
To Prudy Sammons
To Mitchell Sammons
To Mills Sammons
To Lydia Sammons
To Georgianna Sammons
To Edwin Sammons
To Milly Sammons
To Isaac Sammons
settled this 19 day of July AD 1885
?? all men by these presents that We Elizabeth Sammons, Mary Morgan, Mary Reed, Prudy Copeland and Lydia Bristor Mitchell Sammons and Mills Sammons heirs at law of Isaac Sammons deceased acknowledge to have this day received of Prudy Sammons Administrator CJA of Isaac Sammons the sum of Twenty-six dollars and eight cents said sum being your and each of our respective shares of the personal of our deceased father as is shown by a first and final admin account passed before the Register at Dover January 19, 1885. And we and each of us do exonerate acquit release and forever discharge the said Prudy Sammons Admx CJA afores and as also her surety from all liability or responsibility to us or either of us our heirs and executor administrators or assigns for by reason on account of our shares of the personal estate of our deceased father acknowledging ourselves fully s?? and paid all money due as witness our hands this 19 day of January AD 1885.
Mary C. Reed
Probate record: Warren Wright
Orphans Court Records
Sussex County Delaware Orphans Court Records
(much thanks to Sterling Street and Stacey Ricketts for providing copies of these records)
At an Orphans Court held at Georgetown in and for the County of Sussex, the twenty eighth day of December in the year of our Lord one thousand eight hundred and eighty one before Hon'l Edward Wootten (sp?) Judge, composing the Orphans Court in and for the County aforesaid upon the application of Elizabeth P. Johnson and William A. Johnson it is presented to the Court that Warren Wright late of the county aforesaid deceased, died intestate on or about the (blank) day of November in the year of our Lord one thousand eight hundred and sixty five being seize in his demesne as of fee of two tracts, pieces or parcels of land situate in Lewes and Rehoboth Hundred to wit: No. One adjoining lands of Harbison Hickman and Elisha Wright and containing sixteen acres (16) more or less. And No. Two A tract adjoining lands of William Dill and George W. Johnson and containing Ten (10)acres more or less.
That the said Warren Wright left to survive him a widow named Maria Wright and thirteen children to wit: 1. Philip Wright 2. Elisha Wright 3. Joseph Wright 4. Levin Wright 5. David Wright 6.Ann (now the wife of Paynter Harman) 7. Nicey (now the wife of Ephraim Harman) 8. Mary Perkins 9. Sarah (now the wife of Whittington Clark) 10. Louisa Wright 11. Hetty Drain 12. Elizabeth (your petitioner now the wife of William A. Johnson) and 13. Walter Wright. That the said Walter Wright is since deceased leaving to survive him a widow named Matilda now Matilda Waters and two children to wit: Joseph Wright and Elizabeth Wright.
That the said Maria Wright widow of the said Warren Wright died on the 18th Oct. 1881. That of said deceaseds Real Estate it belongs to Philip Wright, Elisha Wright, Joseph Wright, Levin Wright, David Wright, Ann Harman wife of Paynter Harman, Nicey Harman wife of Ephraim Harman, Mary Perkins, Sarah Clark wife of Whittington Clark, Louisa Wright, Hetty Drain, Elizabeth P. wife of William A. Johnson, each to have two shares and to Joseph Wright and Elizabeth Wright, minor children of Walter Wright, dec'd, each to have one share the same into twenty six equal shares to be divided.
And the said Elizabeth P. Johnson & William A. Johnson by their petition, prayed the Court to appoint five sufficient freeholders of the county aforesaid to go upon the lands, tenements and hereditaments of the said Warren Wright deceased and divide said deceaseds Real Estate equally among the children and grandchildren of said intestate according to the directions, true intents and meaning of the acts of the General Assembly in such case made and provided.
Whereupon it is considered and ordered by the Court that William P. Jones, Henry Wolfe, Thomas Turner, Thomas Walker and Joseph Virden five judicious and substantial freeholders, being first sworn or affirmed, and taking with them a skillful and impartial Surveyor, by them to be nominated, and to be qualified upon his solemn oath or affirmation do go to the said lands, tenements and hereditaments of the said intestate Warren Wright dec'd and divide the same into thirteen equal parts or shares, respect being had to the true value of said land, tenements and hereditaments, and after the division thus made, they assign that one of such shares to Philip Wright, one other of such shares to Elisha Wright, one other of such shares to Joseph Wright, one other of such shares to Levin Wright, one other of such shares to David Wright, one other of such shares to Ann Harman wife of Paynter Harman, one other of such shares to Nicey Harman wife of Ephraim Harman, one other of such shares to Mary Perkins, one other of such shares to Sarah Clark wife of Whittington, one other of such shares to Louisa Wright, one other of such shares to Hetty Drain, one other of such shares to Elizabeth P. Johnson wife of William A. Johnson and the remaining one other of such shares to the issue of Walter Wright, dec'd, viz. Joseph Wright and Elizabeth Wright minors.
And the freeholders are further ordered to subdivide the share which may be assigned to the issue of Walter Wright deceased, as aforesaid, the son of the intestate, equally among said Joseph Wright and Elizabeth Wright but if the said freeholders or a majority of them are of the opinion that the said last mentioned shares cannot be divided as is thus prescribed without detriment to the parties, then they shall make no subdivision, but shall appraise the whole thereof at its true value in money. And it is ordered the the Court that if the said freeholders or a majorty of them shall be of the opinion that the said lands, tenements, hereditaments cannot be divided into the number of primary shares directed without detriment to the parties, then they shall make no division but shall appraise the said whole of said real estate at its true value in money. And it is further ordered by the Court that the said freeholders or a majority of them do make return of their proceedings hereupon to the next Orphans Court to be held at Georgetown, in and for Sussex County, duly certified under their hands with such draughts annexed thereto as they many have required, and if partition shall not have been made as prescribed by this order, because of the opinions of the said freeholders or a majority of them that the same could not be made with detriment to the parties, such opinion as well as the proceedings thereupon shall be certified in the return.
(signed) Philip C. Pennel
Clerk Orphans Court.